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This Week's Tip: Personnel Records Access Q&A
Published by Personnel Policy Service, Inc.
"Your Policy and Compliance Experts Since 1972"
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This Week's Tip: Personnel Records Access Q&A
Do you let your employees see their personnel records? Should you?
Find out what federal and state law says about access to these
employment files.
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| This Week's Tip:
Personnel Records Access Q&A Q: Do we have to allow our employees (current and former) to see and copy their employment records? A: Personnel records are the property of the employer. Therefore, you generally have discretion over whether to give employees access to their files, unless a state law, court, or other government agency gives them access rights. Federal law does not require you to give employees access. However, many organizations, as a good will gesture, allow current employees to see and even copy their records. This openness usually reduces employee mistrust and concern about the information in their files. If your files contain only objective and job-related information, their contents should neither surprise the employee nor unnecessarily create the basis for a legal claim. In addition, approximately 20 states (including California, Illinois, and Michigan) require you to give employees, and sometimes former employees, access to their records. These state laws generally allow a limited number of inspections per year. Typically, some files, like records pertaining to future promotions, third-party references, criminal investigations, and other sensitive information, may be excluded from inspection. At the same time, these laws usually allow you to require written requests for access to the files. Some states also give employees the right to copy their records. A few states even give former employees the right to inspect their files. For example, in Illinois, former employees can review and copy their file for up to a year after termination. However, many employers, concerned that the information may be used to support a legal claim against them, prefer to deny access to former employees, unless required by law. Most employment law experts, also concerned about the indiscriminate release of information, take a similar position. Employees or former employees who sue their employer can usually get access to their personnel records, and even to other employees' files, in the normal legal discovery process. For example, if a former employee files a discrimination claim in federal court, the court can order the employer to turn over all files related to the former employee and any other similarly situated employees. So, in establishing your records access policy, you need to take into consideration both your internal corporate operating philosophy and any external local legal requirements. But in doing so, remember that even if you do limit access, you may still be compelled at a later date to disclose the information in a legal proceeding. Subscribers to the Personnel Policy Manual and HR Policy Answers on CD can find more information on personnel record access laws in Personnel Records, Chapter 901, notes 7 and 12. If you don't have the manual, but would like to order a trial review, go to: http://www.ppspublishers.com/service2.htm Or just give us a call toll-free at 1-800-437-3735. |
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